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1. From the date on which she repays you part of the money, the statute of limitations will be interrupted and recalculated for two years;
2. From the date you ask her to repay the money for the second time, the statute of limitations will be interrupted again and recalculated for two years;
3. If the other party does not admit it, you need to have evidence to prove the fact that you urged her to repay the money;
4. If the other party admits your creditor's rights and debts, it is not subject to the statute of limitations.
5. If you do not ask her for money for two consecutive years or the other party does not promise to repay the money, the statute of limitations will be exceeded;
6. If you continue to ask her to repay the money, the statute of limitations starts from the last time you find her, and it is recalculated for two years;
7. But every time you look for her, you need to leave evidence, otherwise if the other party denies it, the statute of limitations will be problematic.
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Article 137 of the General Principles of China's Civil Law clearly stipulates that the starting time of the statute of limitations for litigation is "calculated from the time when you know or should know that your rights have been infringed." So, it starts with the first time you claim to pay it back. However, article 16 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Statute of Limitations System in the Trial of Civil Cases" provides that where an obligor makes a promise or act such as performing in installments, performing partially, providing a guarantee, requesting an extension of performance, or formulating a debt repayment plan, it shall be deemed that one of the parties "agrees to perform the obligation" as provided for in article 140 of the General Principles of the Civil Law.
So it was the first time it was counted from the time he promised to pay back but didn't.
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From the second time I asked him for money... It should have been from the last time you urged her to ask for it
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The statute of limitations is not immutable and can be suspended, as long as you can find proof in your favor, as long as there is new evidence that can be sued.
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Indeed, the statute of limitations has expired, and B loses the right to prevail.
There is no other legal way unless a conscience finds it.
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Since B has lost the right to win the lawsuit, there is no way to solve it by law, and I personally think that the only way to collect the debt is to use the method of stalking.
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The statute of limitations refers to the failure of the right holder to exercise the right within the statutory limitation period, and the debtor obtains the right to defend against the statute of limitations when the statute of limitations expires.
Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions.
The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.
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Where administrative organs fail to inform citizens, legal persons, or other organizations of their right to sue or the time limit for initiating litigation when taking specific administrative acts, the time limit for initiating litigation is calculated from the date on which the citizens, legal persons, or other groups know or should have known of the right to sue or the time limit for initiating litigation, but must not exceed 2 years from the date on which they knew or should have known the content of the specific administrative act. Where the reconsideration decision does not inform citizens, legal persons, or other organizations of their right to sue or the legally-prescribed time limit for initiating litigation, the provisions of the preceding paragraph apply.
Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for filing a request to a people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions.
The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged by the lease and the obligor. Where the law provides otherwise, follow those provisions. However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights on the basis of an application by the person whose rights are in dire straits.
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1. General Statute of Limitations for Civil Litigation 1. The statute of limitations period is different for different cases. The auspicious calendar is generally three years, and some are one year. 2. Article 188 of the Civil Code (Careful Search) stipulates the statute of limitations:
Article 188:[Ordinary Statute of Limitations, Longest Period for Protection of Rights]The statute of limitations period for requesting protection of civil rights from a people's court is three years.
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Article 192 of the Civil Code of the People's Republic of China [Legal Effect of the Expiration of the Statute of Limitations] Where the statute of limitations period expires, the obligor may raise a defense of non-performance of the obligation. After the expiration of the statute of limitations, if the obligor agrees to perform, the expiration of the statute of limitations period must not be used as a defense; Where the obligor has already voluntarily performed it, it must not be returned. Article 193:[Invocation of the Statute of Limitations]People's courts must not actively apply the provisions of the statute of limitations.
Article 194:[Circumstances of Suspension of the Statute of Limitations]Where the right to request cannot be exercised due to the following obstacles within the last six months of the statute of limitations, the statute of limitations is suspended:
a) Force majeure;
2) Persons who lack or have limited capacity for civil conduct do not have a legally-prescribed person, or a legally-prescribed person dies, loses civil capacity, or loses their rights;
3) The heir or estate administrator has not been determined after the commencement of the inheritance;
4) The right holder is controlled by the obligor or other person;
5) Other obstacles that make it impossible for the right holder to exercise the right to make a claim. The statute of limitations expires six months from the date on which the reasons for the suspension of the statute of limitations are eliminated. Article 195:[Circumstances of Interruption of the Statute of Limitations]In any of the following circumstances, the statute of limitations is interrupted, and the statute of limitations period is to be recalculated from the time of the interruption or the conclusion of the relevant procedures:
1) The obligee submits a request for performance to the obligor;
2) The obligor agrees to perform the obligation;
3) The right holder files a lawsuit or applies for arbitration;
4) Other circumstances that have the same effect as filing a lawsuit or applying for arbitration. Article 196:[Circumstances in which the statute of limitations does not apply]The provisions of the statute of limitations do not apply to the following claims:
1) Requests to stop the violation, remove the obstruction, and eliminate the danger of jujube and mold;
2) The right holder of the immovable property right and the registered movable property right requests the return of the property;
3) Requests for the payment of child support, alimony, or alimony;
4) Other claims where the statute of limitations does not apply in accordance with law. Article 197:[Statutory Statute of Limitations, Advance Waiver of Statute of Limitations] The period, calculation method, and reasons for suspension or interruption of the statute of limitations are to be prescribed by law, and the agreement of the parties is invalid. The parties' prior waiver of the interest in the statute of limitations is invalid.
Article 198:[Limitation of Arbitration]Where the law has provisions on the limitation period for arbitration, follow those provisions; Where there are no provisions, the statute of limitations applies. Article 199:[Period of Expulsion]Except as otherwise provided by law, the period of existence of rights such as the right of revocation or rescission provided by law or agreed upon by the parties is calculated from the date on which the right holder knows or should have known that the right has arisen, and the provisions on the suspension, interruption, and extension of the statute of limitations do not apply. At the expiration of the period of existence, the right of revocation, the right of rescission and other rights shall be extinguished.
In fact, unless otherwise stipulated in the law, the statute of limitations for debt disputes and most other civil disputes is three years, although the statute of limitations for litigation is as long as three years under the law, but the debt or creditor should deal with it in a timely manner after knowing that his or her legitimate rights and interests have been infringed.
As to how to calculate the limitation period, the General Principles of Civil Law provide:"The statute of limitations period is calculated from the time when the right was known or should have been known. "It is generally held that when the guarantee is invalid, the starting point of the infringement of rights in time is the maturity date of the principal debt, so the starting point of the statute of limitations for compensation liability should be the maturity date of the principal debt. I have no objection to the deadline that the general theory thinks, but I do disagree with the reasons for the general theory for the following reasons: >>>More
According to Articles 41, 42 and 43 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Enforcement of the Administrative Litigation Law of the People's Republic of China, the statute of limitations for administrative litigation should be divided into the following two types: First, the general statute of limitations. Where administrative organs fail to inform citizens, legal persons, or other organizations of their right to sue or the time limit for initiating litigation when taking specific administrative acts, the time limit for initiating litigation is calculated from the date on which the citizens, legal persons, or other organizations knew or should have known of the right to sue or the time limit for initiating litigation, but must not exceed 2 years from the date on which they knew or should have known the content of the specific administrative act. >>>More
Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (Provisional). >>>More
According to Article 138 of the General Principles of the Civil Law, "if the limitation period exceeds the statute of limitations, the parties shall not be subject to the limitation period if they voluntarily perform". Article 173 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (hereinafter referred to as the "Opinions") stipulates that "after the statute of limitations is interrupted due to the right holder's assertion of rights or the obligor's agreement to perform its obligations, and the obligee claims the rights again within the new statute of limitations period, or the obligor agrees to perform its obligations again, it may be deemed that the statute of limitations has been interrupted again". It can be concluded that the application of this provision is premised on the premise that the interruption of the statute of limitations occurs within the limitation period. >>>More
1. Administrative litigation refers to the right of citizens, legal persons or other organizations to file a lawsuit in the people's court in accordance with this Law if they believe that the specific administrative acts of an administrative organ or its staff infringe upon their lawful rights and interests. >>>More